Bombay High Court Quashes Order Against Raj Thackarey, Asks Sessions Court To Decide Discharge Afresh In 2008 Agitation Case

The Bombay High Court on Thursday quashed an order passed against Maharashtra Navnirman Sena (MNS) president Raj Thackeray refusing to discharge him from a 2008 “unlawful assembly case” regarding agitations seeking jobs for Maharashtrians in the Railway.

Justice Amit Borkar remanded the matter back to the Sessions court of Islampur directing it to decide the revision application afresh as the order lacked proper reasoning.

On October 21, 2008 Thackeray was arrested from Ratnagiri in connection with an FIR registered at Kherwadi Police Station, Bandra, Mumbai. Following Thackeray’s arrest, the remaining accused continued the protest and an offence was registered against them along with Thackeray by Kokrud Police Station, Sangli.

On October 27, 2021 the discharge application came to be filed before the Magistrate and on July 7, 2022 the application was rejected. Subsequently even the Sessions Court at Islampur rejected a revision application seeking discharge. The next day an NBW was also issued by the magistrate.

At the Kokrud Police the accused were booked under sections 143 (unlawful assembly), 109(bribery), 117 (abetment) of IPC r/w. Section 7 of The Criminal Law Amendment Act, 1932 r/w. Section 135 of The Maharashtra Police Act.

It was alleged that soon after Thackeray was arrested from Ratnagiri, his fellow colleagues proceeded towards Shedage-Wadi as MNS had declared a close down of business and shops etc. And as many non-Maharashtrian people were doing business, the Police had gone there for patrolling duty.

At about 12.05 pm, one Tanaji Sawant along with other 7 persons gathered in the chowk area and they forcibly started to put the shutters down of the shops which were opened by the people. Thereafter, PSI Jadhav orally informed them that Section 144 has been implemented and he also informed them not to create a law and order situation in the area as the situation was already tensed, the prosecution claims.

However, the mob didn't listen and started asking other people to join in. Thereafter, all eight accused were arrested by the police as they were behaving aggressively on the instigation given by Raj Thackeray, it was alleged.

Today, Advocate Rajendra Shirodkar argued that the order of the Sessions judge refusing to discharge Thackeray was cryptic and lacked any reasoning. Following this argument the order was quashed and the Sessions Court was asked to decide the matter afresh.

Citation: 2023 LiveLaw (Bom) 151